ITO 6(3)(1), MUMBAI V. INDO ENERGY INTERNATIONAL PVT. LTD, MUMBAI

MA 114/MUM/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4477 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HOSHANG B IRANI
• Assessee Lawyers: MAHESH R AJORA
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A. No.114/Mum/2020 (Arising out of ITA No.5805/Mum/2018 (Asse ssment Year :2011-12) The Income Tax Officer Ward-6(3)(2) Mumbai Room No.503, 5 th Floor Aayakar Bhavan M.K.Road, Mumbai-400020 Vs. M/s. Indo Energy International Pvt. Ltd. 1 st Floor, JC House, 2 nd Floor Dr. D.S. Babrekar Marg Mumbai – 400 028 PAN/GIR No.AABCI1739A (Appellant) .. (Respondent) Revenue by Shri Hoshang B Irani Assessee by Shri Mahesh Rajora Date of Hearing 25/02/2022 Date of Pronouncement 05/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of this Miscellaneous Application, the Revenue seeks to recall the order passed by this Tribunal on 21/08/2019 dismissing the appeal of the Revenue on the ground of low tax effect. 2. We find from the perusal of the Miscellaneous Application that the Revenue was trying to plead that the case falls under the exception provided in para 10(c) of the CBDT Circular No.3/2018 dated 11/07/2018 MA No. 114/Mum/2020 M/s. Indo Energy International Pvt. Ltd., 2 wherein the revenue audit objection issued in the case has been accepted by the department. The ld. DR placed on record the copy of the revenue audit objection vide letter of ITO-6(3)(1), Mumbai addressed to CIT(DR) ITAT dated 27/01/2022. Since the revenue audit objection which is accepted by the department has been placed on record by the ld. DR, we find lot of force in the Miscellaneous Application preferred by the Revenue and are inclined to accept the same. Accordingly, we recall the order passed by this Tribunal on 21/08/2019. The Registry is directed to fix this appeal for fresh hearing on 14/06/2022 after giving notice to both the parties. 3. In the result, Miscellaneous Application of the Revenue is allowed. Order pronounced on 05/05/2022 by way of proper mentioning in the notice board. Sd/- (KAVITHA RAJAGOPAL) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 05/05/2022 KARUNA, sr.ps MA No. 114/Mum/2020 M/s. Indo Energy International Pvt. Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//